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“ ORDER The suit is decreed preliminarily on contest against defendant No: 1 with costs an D-2 without cost. Plaintiff is entitled to 2 annas 8 pies (1/6th) share and 1/3rd share in respect of ancestral and self acquired properties and super structures thereon (Houses and buildings) respectively of Late Kumar Charan Sahu out of the suit properties. She is also entitled to the same share in respect of mense profits thereof, from the date of institution of the suit. Defendant No-2 is also entitled to same share of properties and mense profits. Defendant No: 1 is entitled to 10 annas 8 pies (2/3rd) and 1/3rd share in ancestral and self acquired properties respectively and superstructure thereon of Late Kumar Charan Sahu and mense profits thereof. An Amin Commissioner is to be deputed for effecting partition on the above basis who is the final decree proceeding will apportion shares on above basis after ascertaining the details of ancestral and self acquired properties an superstructures thereon and also the quantum of mense profits in the light of indications and finding reached on different issues discussed in the judgment. After ascertainment of such share plaintiff and Defendant No:2 are to be put in possession of such properties that would be allotted to them separately in consequence of the final decree proceeding. Hearing fee at contested useable.”

87. Our attention was also drawn to the provisions of Order XLIII of Rule 1-A (2) of the CPC. The same reads as under:

“1A. Right to challenge non-appealable orders in appeal against decrees.— Xxx xxx xxx (2) In an appeal against a decree passed in a suit after recording a compromise or refusing to record a compromise, it shall be open to the appellant to contest the decree on the ground that the compromise should, or should not, have been recorded.”

“9. Section 96(3) of the Code says that no appeal shall lie from a decree passed by the Court with the consent of the parties. Rule 1-A(2) has been introduced saying that against a decree passed in a suit after recording a compromise, it shall be open to the appellant to contest the decree on the ground that the compromise should not have been recorded. When Section 96(3) bars an appeal against decree passed with the consent of parties, it implies that such decree is valid and binding on the parties unless set aside by the procedure prescribed or available to the parties. One such remedy available was by filing the appeal under Order 43, Rule 1(m). If the order recording the compromise was set aside, there was no necessity or occasion to file an appeal against the decree. Similarly a suit used to be filed for setting aside such decree on the ground that the decree is based on an invalid and illegal compromise not binding on the plaintiff of the second suit. But after the amendments which have been introduced, neither an appeal against the order recording the compromise nor remedy by way of filing a suit is available in cases covered by Rule 3-A of Order